Thursday, 9 September 2021

 Ms CRUGNALE (Bass) (16:32): I did start yesterday speaking on the Social Services Regulation Bill 2021, and I will continue on from that point. Families, children and their cultural rights will be promoted as informed consent, and this is an essential part of the new standards. The more efficient and improved regulatory system will give service users greater ability to make more informed and confident choices when accessing the services they need. Careful consideration has been given to other regulatory schemes, such as the national disability insurance scheme, to ensure that there is minimal duplication of regulatory requirements.

This bill has not been created in a vacuum either. Our Labor government has consulted widely, as we do, bringing the community with us on a shared journey. Roundtable discussions were held earlier this year by the Centre for Excellence in Child and Family Welfare. The Victorian Aboriginal Child Care Agency has also been involved, and service providers will be required to deliver culturally safe services that respect users and connect country to family and to community. The Commission for Children and Young People and the Foster Care Association of Victoria have also been part of the journey. We have consulted with National Disability Services Victoria, and peak bodies representing domestic violence and sexual assault services attended a meeting with Family Safety Victoria. Homelessness and supported residential services information sessions have also been held. I also want to thank in particular the Minister for Disability, Ageing and Carers and Ingrid Stitt—the Minister for Disability, Ageing and Carers for his work in the area of child protection and disability, ageing and carers. His parliamentary commitment to child safety spans over a decade. I thank Minister Stitt in the other house for her commitment to the area of early childhood, along with her passion for education and her work in the rollout of three-year-old kinder across the state.

The new regulator is due to be appointed mid-2022, well ahead of the scheme commencing. This will allow for a timely transition to the new scheme, and the regulatory impact scheme will provide a formal opportunity for the public to comment on the regulations and standards.

In closing, although I do have 1 minute and 40 seconds left, again I wish to thank the Andrews Labor government for making this state a better and safer place for our children; for being prepared to make change for the better and put the hard work into reviewing practices that had in some cases not been reviewed for a decade; for streamlining organisational requirements and for making the rules easier to understand and to follow; and, most importantly, for caring about all Victorians, be they in the city or in rural and regional areas. These changes will impact the lives of so many for the better, both service providers and service users, and will show that we care. I commend the bill to the house.

 Mr McGUIRE (Broadmeadows) (16:35): Leadership driving change must overcome the silo mentality, turf wars, institutional ego, bureaucratic inertia and the political cycle. Extra emotional intelligence is required to address fatigue and the churn of personnel in a time of pandemic, so I want to highlight concerns for mental health as we acknowledge R U OK? Day.

Cultural, generational and systemic change has been a decades-long pursuit and studied endeavour, especially harnessing technology to help connect the disconnected to opportunity. I want to acknowledge the minister for improving systemic problems confronting vulnerable Victorians in this legislation. This is hard to do, and it takes time, it takes effort, it takes an enormous amount of coordination and collaboration, and that is deeply appreciated, particularly for people whose voices are rarely heard and who do not have much power. They are the people who need it the most, and they are quite often the hardest to get to, the hardest to organise in a system that, despite goodwill and good effort, has too many gaps or overlaps and inconsistencies and causes confusion, particularly, as I said, for the most vulnerable, who are quite often disconnected. They are not well organised. They do not know how to make change. So that is why this is important.

The minister defined the need for change in a pretty forthright way about the fragmentation and omissions in the system, and some social services, including family violence and homelessness services, are not even subject to a legislated regulatory framework, so there is no frame of reference to make sure that key performance indicators and the needs were being adequately met, people were being properly protected and the system could be enhanced, which I know we are all working for, but nevertheless this is what happens. It is not just in this case; this is what we have to be mindful of. We have to be forever looking at what are the reforms, what are the changes, and that is why I want to acknowledge that it addresses duplications, overlaps and confusion, and it will actually turn it around to get rid of some of these inefficiencies and make it more effective as well.

While each scheme seeks to protect people from abuse and harm, together, they fail to reflect the contemporary service delivery landscape.

That is how the minister put it. Stakeholders have repeatedly identified gaps, overlaps and duplication, and reported confusion, and recent reforms to social services delivery have revealed a growing problem rather than a decreasing problem. So that has required this bill.

The inadequacy of the underlying legislative framework has meant avoidable harms have continued within the comprehensive regulatory framework, and there has been little, if any, ability to intervene at an early preventative stage. So that is critical. You have got to have early intervention, as said by all the different inquiries that we have seen through the Parliament. The Betrayal of Trust report—an investigation that was a humbling experience to be part of—said that what was critical was: how do you actually have scrutiny, accountability and then compliance? I think that is another good direction this legislation is taking us in, and in particular the COVID-19 pandemic exposed shortcomings in Victoria’s social services regulatory regime. So this is important regulation. It is timely, and it is trying to become more effective and deliver the services where they are needed most.

I do want to also just go to some of the key points in the bill and define who it is actually trying to take care of. The bill is aimed at providing increased assurance to family members and carers around the quality and safety of the services used by their loved ones. Family members and carers currently subject to the Victorian carer registers will be subject to the proposed worker and carer exclusion schemes, so they look at the interplay between kinship carers and the other carers, subject to the final regulations. So again, decisions to include roles in scope, as they are called, are based on the assessment of risk, the potential for harm caused to service users, the adequacy and other regulatory arrangements and other consultation with the sectors.

The intention of this bill is to reduce regulatory burden for most social service providers, and it is doing that through a strategy of streamlined regulation and a host of other measures that attempt to make sure the gaps are taken care of and duplication is sorted. The other part is there has been a lack of intelligence to inform regulatory action and identify risks early, so early signs of a problem are not always able to be identified, which creates the risk that service providers continue to provide unsafe services until a significant event, or sometimes what is called a catastrophic event, occurs. So obviously we are trying to get to the problem first and address it before it becomes a significant or catastrophic event in anybody’s life with the consequences that that delivers. If we can avoid that, that is a critical intervention.

Conflicts between regulating and funding services are also addressed, and the issue that the Department of Families, Fairness and Housing regulates the service system and is also responsible for ensuring adequate numbers of service providers to meet the community needs. Again, that is trying to get right that the provision of services is adequate, it goes to those most in need, it is targeted and it takes care of families and individuals. That is really what the government is doing, and I commend the approach that has been taken.

Collaboration, as we know, is critical, particularly during a pandemic, and I want to take this opportunity with the indulgence of the house to thank all the healthcare workers in my electorate. We have seen that it is a difficult time for Melbourne’s north at the moment, and I want to thank the Victorian government. We have got a walk-in vaccination hub at the town hall in Broadmeadows and a drive-in one at the Ford site, and that is really important to make sure that people are getting the vaccine doses. We also have a new centre set up at the leisure centre where you can actually go and be tested. So get tested, get the jabs. I want to commend the Premier for his pursuit of the 340 000 extra doses of Pfizer vaccine to make sure that that occurs and that they go to Melbourne’s north, particularly Broadmeadows where the need is at the highest, and to make sure that where the need is greatest that is taken care of.

Ironically, of course, Broadmeadows is where we are manufacturing more than 50 million AstraZeneca doses for home and abroad, and that is really important. But there has been some vaccine hesitancy because of what has happened, so particularly for these communities this is really important now. I am also voicing the view of the local representatives and healthcare workers as well, so I appreciate the indulgence of the house just to reference that.

In concluding, if I may as well, I would like to acknowledge the commitment of Ken Thompson for the help that he gave so many young people in our community to have better opportunities in life and say ‘vale’ to a true believer in lifelong learning and an inspiration to so many people with his support for the global learning village model, delivering lifelong learning.

So in conclusion, this is an important piece of legislation to advance the care and consideration and have it more targeted, and the protection for some of the most vulnerable Victorians. I want to acknowledge the minister and everybody who has been involved in putting this together, particularly at this time of incredible difficulty, to get these things done. I commend the bill to the house.

 Ms HUTCHINS (Sydenham—Minister for Crime Prevention, Minister for Corrections, Minister for Youth Justice, Minister for Victim Support) (16:45): I rise to speak on the Social Services Regulation Bill 2021. In this government we want to see social services in Victoria be amongst the finest in the world. Throughout the Australian Labor Party’s time in government we have built up a meaningful social safety net for those who live here, helping Victorians get through some of the most challenging times that might lead them to needing these services. I want to start this speech by saying thank you to the workers who have delivered Victoria’s indispensable social services in everyday life and particularly now during COVID, when the pressures are immense. On this side of the house we have made sure that these services have received the adequate funding and support needed for them to reflect the dignity of each individual with whom they interact. This is more than can be said for those on the other side, who say time and time again that they want to cut away taxes that fund our precious social services but without saying which of these they would actually gut. This government has introduced this bill as one of the many steps we need to take the development and support of our social services to a higher standard.

While I will move on to comment on some of the specifics of the bill in a moment, I want to reflect on the context in which this is being introduced. This government has worked tirelessly to improve the social services prized by our state and will continue to do so, particularly those changes that are recommended by the Royal Commission into Victoria’s Mental Health System. This was a historic investigation into Victoria’s mental health system, and I am proud that this government has committed to implementing each and every one of the recommendations.

In my ministerial portfolios I see organisations and services support people at their most vulnerable times—for example, when leaving custody—and support people to reduce the risk factors in their lives that can lead people to offending, getting to those root causes of crime. Those who have contact with the justice system, like many Victorians, access many services throughout their lives, often multiple simultaneously. Whether that is out-of-home care, support for living with a disability or accommodation for those who are homeless, we expect that those services are safe and well delivered and delivered to the highest standards—and rightly so.

This bill will address some gaps and overlaps and duplications in the regulation of social services, such as those covering organisations that work under the Disability Act 2006, the Supported Residential Services (Private Proprietors) Act 2010 and the Children, Youth and Families Act 2005, which all face different registration, reporting and regulatory requirements at this moment. This means that there are inconsistencies between how each service is regulated depending on which act it falls under or who they are registered with. For many service providers this does not reflect the reality of the work they do, which can mean that they are subject to overlapping regulatory schemes. They often duplicate much of the work in satisfying the requirements, having to undertake all of the work twice or more to make sure they are compliant with the legislation—or various pieces of legislation. This bill will replace this fragmented system with a simplified, improved social services standard. This will give every Victorian the confidence that those services they rely on are being delivered to the very highest standards. This will cover both non-government and government-delivered services, meaning both will be held to the same requirements and accountability mechanisms—a question that is being raised in my own community at the moment.

Specifically, this bill will introduce new foundational standards that will form part of all registered providers. The standards will help ensure that services are safely delivered based on assessed needs; that they respect the agency and dignity of those working at the service; that services are provided in a safe, secure and purpose-fit environment where users are supported to provide feedback, complaints or concerns about service safety if needed; and that services are delivered by a workforce with knowledge, capability and support to deliver with care and skill. These will be enforced by an independent Social Services Regulator, which will mitigate the risk of harm being caused by poor delivery of overseeing compliance as well as promoting the safe delivery of social services and promoting the rights of the service user—something that is sometimes unheard of.

One benefit of setting up an independent regulator is that it removes any conflict that arises for a funding department or someone who is delivering their own services and offers better monitoring of others. Currently the Department of Families, Fairness and Housing is the regulator for many of these services, and it funds many of them directly. While there is no suggestion that they have not been doing a great job, it is best practice, we know from international modelling, to make sure that any service regulator is independent from the body it has funded. This strong new regulatory framework will help improve the safety of those most vulnerable here in Victoria who interact with our social services. It is one of the many concrete steps we are taking to support and nurture social services and the Victorians who use them. I commend the bill to the house.

 Ms SETTLE (Buninyong) (16:51): I am very happy to rise to speak on the Social Services Regulation Bill 2021. It is an honour to follow the Minister for Youth Justice and Minister for Crime Prevention, as I know how hard she has worked in this space to make sure that young people in our community do not end up in the corrections system but are supported by social justice and social services in our community. We were delighted recently to have a forum to discuss this very thing in Ballarat: how we can help these children through social services to avoid the justice system. So I thank the minister for her very important work.

Victorians rely on social services across the board. Many of us have found a need to go to a social service for a variety of different reasons. Sadly, COVID in so many ways has impacted communities, and people are reaching out in a way that they perhaps have never done before. I know certainly when I was speaking with Foodbank recently, who are establishing a distribution outlet in Ballarat, they talked about the increase in people needing food support but also that they are people that have never come before. So it is very timely that this bill looks to tighten up the social services sector.

There are some absolutely wonderful organisations providing services throughout Ballarat. The Orange Door network, which was established by this government, is just an extraordinary service, and I take my hat off to Angie, who runs the service there. But of course there is CAFS, and CAFS—Child and Family Services—provide a lot of different services of keen importance to myself and the minister at the table, the Minister for Consumer Affairs, Gaming and Liquor Regulation, in that they are the providers of gambling support in Ballarat and provide a very good service through the Victorian Responsible Gambling Foundation support.

There is of course Centacare and there is UnitingCare providing housing, but one that is particularly dear to my heart and one that I think will be very happy about this bill is Ballarat Community Health. Ballarat Community Health has been around for a long, long time. Community healths were established under Labor governments many moons ago, and they grew into different organisations in different places and different areas. I am really proud to say that Ballarat Community Health has grown into an extraordinary organisation.

Before I came into Parliament I had the privilege of working at Ballarat Community Health; I was their communications manager. And what was wonderful about that job as a communications manager was you did sit above all the services, and that is why this bill is so pertinent to them. While I was at Ballarat Community Health it dealt with youth homelessness. They have this program of taking young homeless children to the dentist, you know, and those little moments of dignity are just extraordinary. But it was about everything from that through to how we discussed gambling a lot. It provides doctors services, there are housing services—it is just a huge range of services that Ballarat Community Health offer. And it is incredibly important that those organisations are supported. So with this bill we are establishing a new social services watchdog, which will have stronger enforcement powers to protect vulnerable members of the community.

I do not want for a second to suggest that there is anything missing in the services provided in Ballarat, really, really an extraordinary town and an extraordinary network of services. But, as I talk about Ballarat Community Health, they are particularly affected by this notion that so many different pieces of legislation might cover the services that they require and the amount of red tape that they have to go through to provide those services. So I think for me what I am most delighted about in this bill is that it will bring it all under the one statutory regulation. I just think it will make such a difference to those service providers like Ballarat Community Health who work so hard to make sure that they are providing a fantastic service but also within the regulations that are rightly set around that industry. But to bring them under one regulatory umbrella will make a huge difference to the way that they can deliver their services.

The inadequacy of the underlying legislative framework has meant avoidable harms have continued, with the regulator having little if any ability to intervene at a preventative stage. An example of that is the Supported Residential Services (Private Proprietors) Act 2010. It has insufficient powers to suspend the operation of facilities when there are unacceptable risks to residents and move them to a safer setting. So we are in a situation here where the red tape is preventing us from protecting the absolutely most vulnerable in our community, and so we need to take these steps now to address those gaps.

A key element of the reform has been to reduce the current unnecessary regulatory burden on social service providers. We know that some providers provide services across a number of different areas. As I say, Ballarat Community Health is one case in point. It has meant that they are subject to different regulatory schemes, and so trying to juggle all of those different regulatory schemes takes away really from the thing that they do so well, which is provide those services for people in our community. For me it is not just about cutting down on red tape; it is actually freeing up these people to be out there in the community and to provide the service that my community really needs and that they deliver so well.

There will be new social services standards, and the new reforms will replace the current human services standards with new and contemporary social services standards. It is interesting; I think a lot of the work in this house is about making sure that our legislation keeps up with a very fast-moving world. I am sure when those original human services standards were set in place it was a different world from the one we live in now. So while it might seem that a bill is just changing some standards, it is actually incredibly important work to make sure that our standards, our regulations and ergo our services are keeping up with a modern and constantly changing world.

The bill defines the social services standards to be safe service delivery, service user agency and dignity, safe service environment, feedback and complaints, accountable organisational governance and a safe workforce. Of course these standards are incredibly important. It is about the service delivery. It is also about the people who provide that service. I know my friends at Ballarat Community Health would often have people in an outreach worker situation going out into the community, and I want to know that they are safe as well. So for one of these standards to be around that is incredibly important, and of course, on feedback and complaints we all need to be open to discussion about new and better ways that we can do anything, but I think particularly in the social services realm it is incredibly important that we strive to hear feedback and to react to that feedback. Sometimes the people that are accessing these services are the most vulnerable and the people that do not really have a voice in our community—perhaps the homeless, who really are not able to engage as the rest of us are. So it is very, very important that they are listened to and that the standards that we require of these services include going out and listening.

Of course the other very important element of this is the new regulator. The new independent regulator replaces the human services regulator that is currently within the Department of Families, Fairness and Housing. I have a lot to do with the department in my own electorate, and they do an extraordinary job, so it is not for a second to suggest that anyone there is not doing a wonderful job. However, it does not seem right that a person who is providing a service regulates that service. It is just a separation that really has to be there. But, as I said, certainly in my electorate the department are just extraordinary people working very hard to look after people in my community, and I thank them very much for that.

There will of course be a transition period, and this government is very aware that it needs to be there to support these services through that transition. A lot of work has been done in this legislation to make sure that that support is there as we transition. There has been a lot of engagement with the sector, which is incredibly important to make sure that we are getting this right. They are the people on the front line. They are the people that know how we need to legislate and what those standards should be. Finally, I would just like to send a huge thankyou to all those in Ballarat.

 Mr TAK (Clarinda) (17:01): I am delighted to follow the hardworking member for Buninyong and make a contribution on the Social Services Regulation Bill 2021. This is an important bill, and I thank the honourable Minister for Child Protection and Minister for Disability, Ageing and Carers for bringing this bill forward today. I was also very happy to see the honourable minister, along with the Premier, announcing some really important support for vulnerable Victorians over the weekend. The $27 million for food and financial relief for our most vulnerable, a boost to family violence services and more support for our culturally diverse communities was an announcement that was very well received in the Clarinda electorate. It builds on the $30 million announced in June and will help to support more Victorians affected by COVID-19 restrictions, the delay in the vaccine rollout and the continued risk of a coronavirus outbreak. It is an amazing package, and I would just like to quickly revisit a few of the elements here.

We remember that there is $6 million to the food relief financial reserve to ensure that Victorians facing financial stress can continue to access healthy food; $3.7 million allocated to local governments and the Red Cross to support thousands of families required to isolate in their homes and to keep others safe; and $5.9 million to extend the extreme hardship support program to 31 December 2021—a program that has been so very much appreciated in the Clarinda electorate, providing support to people on temporary and provisional visas and undocumented migrants facing extreme financial hardship who are ineligible for commonwealth payments. There is a $2 million boost for basic needs and casework support for people seeking asylum, $7.2 million for the CALD community task force to provide tailored local support to promote vaccine uptake and deliver more emergency food relief for culturally diverse communities and $2.25 million for specialised family violence services to help more survivors access safe accommodation, put food on the table and provide immediate aid, as well as a further $850 000 to support casework for single mothers and deliver women’s mental health projects. So it is brilliant, and I would like to commend and support that announcement and commend and support this bill. Both aim to support vulnerable members of our community.

For the purposes of the bill, the social services in scope assist Victorians when they may be experiencing difficulty to do with housing instability, family instability, family violence, sexual assault and access to non-NDIS or supported residential services—all vulnerable members of our community. Specifically, the new registration scheme, as we have heard from previous speakers, is intended to cover social services delivered to service users that are of the kinds currently subject to the existing registration schemes under the following acts: the Children, Youth and Families Act 2005, the Disability Act 2006 and the Supported Residential Services (Private Proprietors) Act 2010.

The objective of the bill is to strengthen the regulatory framework for social services by establishing an independent Social Services Regulator to monitor and enforce compliance, promote the safety of the delivery of social services and protect the rights of service users to minimise the risk of avoidable harm caused by abuse or neglect in connection with the delivery of social services. It is also a very important development and one that will keep people who use social services safe from harms such as abuse and neglect, like I said before.

I would just like to look at the initiatives, which support safe service delivery through the application of a common set of social services standards to service types sharing common risks, promote the human rights of service users by requiring providers to understand their role in protecting the human rights of service users, operate efficiently, provide the regulator with the tools and enforcement powers that allow the regulator to respond quickly and effectively to risks of harm, and improve information sharing between different agencies and compliance agencies. These are all really important purposes and ones that I am happy to support here today.

I am also happy to support the establishment of the new Social Services Regulator. The new regulator proposed here, and its regulations, will seek to recognise the diversity of service users and their needs. One of the ways we intend to support this is the involvement of service users in the development of the regulations. This inclusion seeks to elevate the voice of service users to reflect their diversity and to provide opportunities for input into how services are regulated, which is very important. To this point, service users were involved in the high-level development of the social services standards in 2019, and the standards are outcome focused and will be further detailed in the regulation-making process.

I would just like to look at some important changes. The bill also will go further. I have touched on those points that I have already outlined, but I would like to run through the details again quickly. The bill will replace a range of existing fragmented regulatory arrangements currently set out in the various regulatory instruments and the contractual mechanisms relating to the department. It creates an obligation for in-scope service providers to be registered and comply with the enhanced outcomes-focused set of social services standards, and it also establishes a contemporary regulatory framework with a full suite of compliance and enforcement tools, mutual recognition and broad information sharing to reduce regulatory duplication and the administrative burden on the service providers.

I just would like to conclude by saying I am very happy to support this bill and to support the vulnerable members of our community. We have seen many of our social challenges amplified throughout the pandemic, so I am really proud to be part of a government that is supporting those who need it most, because nobody should be left behind. I encourage everybody in Clarinda, if you need help accessing social services, COVID-19 support or otherwise, please get in touch. As a government we will continue to provide support for all Victorians in need, including those who will continue to be among the hardest hit by the pandemic, and we will work together to get that support where it is needed most. I would like to commend the bill to the house.

 Ms SULEYMAN (St Albans) (17:09): It is an absolute delight to speak after the member for Clarinda, and I echo the sentiments from my friend the member for Clarinda. I rise today to speak on the Social Services Regulation Bill 2021. I know that for my community in particular during this pandemic, just like all other communities across Victoria—and recognising it is a global pandemic—social services have played an integral role providing help and support to those who most need it and, as I said, in particular during this pandemic.

Our state has long prided itself on the strength of our social services sector with the strong support of the Andrews Labor government. Since we were elected in 2014 we have not wasted a day in investing in areas of social services, in particular in the sector, to make sure that those, as I said, that need it most are protected and are provided with the services that they need. The Social Services Regulation Bill 2021 seeks to replace a number of regulatory schemes with one, and this is about streamlining it into one independent body and creating a single set of standards, a single regulator and one registration process. This will reduce the red tape for hardworking service providers, and we all know that in times like this the last thing that service providers need is more red tape and more processes that just make it not only much more costly but a real resource strain on maintenance when they could be spending that on actually delivering the services.

This legislation will strengthen and standardise the regulatory framework for our social services sector. As I said previously, delivering accountability and ensuring safety is absolutely a priority, as is putting the proper measures in place for the sector’s providers and users and the broader community. There has been much recognition that the current regulation of social services is a little bit fragmented, and the need for reform is overdue. Some services, including family violence and homelessness services, are not subject to the legislated framework, so instead they rely on funding arrangements to establish quality and safety benchmarks. While current regulations seek to protect people from abuse and harm, stakeholders have identified that there are gaps and overlaps and duplication, in addition to reporting confusion. These reforms use best practice that starts with clear objectives and expectations—and I think it is really important to have that clarity. They apply a risk-based approach to monitor whether they are meeting those objectives, and most importantly, they have access to comprehensive toolkits. This allows people to respond to risks in a timely, targeted manner. Using a risk-based approach, the regulator can focus its attention where the likelihood and consequences of harm are the greatest.

Of course we know, and I said this at the beginning of my contribution, that since we have been elected the Andrews Labor government has not wasted a moment in investing in our communities. I am very proud of the investment that we have made in the electorate of St Albans. Just in the last 12 months we have seen investments in the Big Housing Build, in family violence, in mental health and of course in ensuring and securing the Brimbank Orange Door, which will open in Brimbank. I am really pleased to see that it will open its doors in Sunshine, and this is the heart of the west. We know the benefits of bringing the Orange Door network to our local communities, in particular in a place like Sunshine, where it is close to service providers and the networks that it needs to be close to.

We will see more families and children being able to access family violence and child wellbeing services. This is all part of the $448 million initiative, an Australian first. Also I have seen many organisations in my electorate receive family violence prevention funding to support health and wellbeing in multicultural communities. I would like to thank IndianCare, who have done some super work around Sunshine and in particular in the west in their prevention of family violence programs in their community.

There have been many communities that have gone beyond during this pandemic, working very hard to not only provide support and services but also provide the care that is required during these tough times—there is no doubt. They have been doing such a tremendous job, including highlighting the urgency of getting vaccinated, the importance of getting vaccinated, in different languages in our multifaith groups across the west. I have been extremely pleased to see it. I get calls quite often from community groups saying, ‘What can we do to assist?’, and I think that is the spirit of our community groups, our multicultural groups and our places of worship. They are happy and ready to assist government when it comes to supporting our communities, and it is wonderful to be able to see government responding with the appropriate investment and support services for families and those that at this point are the most vulnerable in our community.

I also want to place on the record—I have said this on many occasions—my absolute gratitude to all the hardworking Western Health healthcare heroes. They are doing a tremendous job each and every day in protecting and caring for and supporting us. Alongside, I should say, our local GPs and pharmacists they are doing a tremendous job seven days a week of caring for our community and really spreading the message of the importance of getting vaccinated and making sure that if there are any symptoms, people get tested. Really, everyone is doing their bit to ensure that we remain as safe as possible and get vaccinated as soon as possible. This is the message that we continue to advocate to our communities across in particular my electorate of St Albans.

I want to acknowledge the great work, I should say, of the minister, his department and his office and particularly the social services sector. All those agencies in my electorate of St Albans do a fantastic job in caring, and most importantly, in circumstances like what we are facing at the moment you continue to provide the best service and the best care to our community members. Many of the workers, particularly in the caring economy, have been on the front lines of this pandemic. We acknowledge the work that you are doing each and every day.

As I keep saying, they are certainly our heroes who continue to support and care for everyone in our community, delivering and making sure. The importance of their work is critical at times. Without that support most people would find it very difficult to get through. Whether it is housing, family violence or disability services, these services are absolutely integral, and we need to today, as part of this reform, ease the red tape and make it less complicated and less burdensome on providers so they can continue providing the services that really matter—and those are one-on-one services—to the community. There is nothing better than streamlining the framework to make sure that this is absolutely delivered. The Andrews government is continuing our strong record of investing in the building sector.

 Mr BRAYNE (Nepean) (17:19): I also rise today to speak on the Social Services Regulation Bill 2021, following some good contributions from people across the house. The Andrews government is committed to ensuring the safety and wellbeing of vulnerable Victorians, many of whom utilise our state’s social services. Social services users are some of the most vulnerable people in our state, and it is so important that Victoria’s regulatory framework is able to keep them safe from harm, such as abuse and neglect. The COVID-19 pandemic has of course made it particularly important to prioritise the regulation and delivery of social services, which so many people in our state have relied on in order to get through these difficult times.

I know that in my electorate of Nepean issues such as homelessness, domestic violence and disability services have become more prominent during the pandemic, with many of my constituents relying on these important social services. That is why I am so thankful to groups in my constituency such as the Southern Peninsula Community Support, who do such important work in regard to supporting people through crises and connecting them with government agencies. The Southern Peninsula Community Support centre provides so many support services to the southern peninsula but particularly to the Dromana, Rosebud and Rye areas. One example of their many great programs is the SPLaSh program, which stands for the Southern Peninsula laundry and shower program, which enables those who are experiencing homelessness on our peninsula to have laundry done and have a shower. Additionally, it provides an opportunity to reach other support services, with staff often attending. In that way it really does act like a bridge to getting more support and making others aware of the support services that SPCS Inc. offers. Another of their programs is the fresh food program, which does as it says—offers fresh food to the southern Mornington Peninsula community. This is done in collaboration with SecondBite. I continue to be in awe of the work of Jeremy and his whole team at SPCS Inc.

These local groups do so much to help our vulnerable Victorians, and it is imperative that the government holds up its end of the bargain by ensuring that the safety and wellbeing of our social services users is being accounted for. As such the government is strengthening protections for vulnerable Victorians by establishing a new Social Services Regulator. This new regulator will help to improve the safety and wellbeing of the most vulnerable members of our community and will help to ensure that all social services users are treated with the dignity that they deserve. The current social service regulations are administered by the human services regulator, who is not supported by the necessary regulatory tools to enable them to intervene to prevent harm to vulnerable Victorians. As such the current regulatory regime is not up to the task of protecting the safety and wellbeing of the vulnerable people in our state, with there being significant gaps and inconsistencies that are exposing the social services users to avoidable harm. The current regulation also suffers from duplication and overly complex requirements, which has made the delivery of social services more inefficient for both providers and the government.

Finally, these fragmented regulatory bodies have also been provided with insufficient powers to act in a timely and proportionate manner, which has resulted in identified problems not being addressed. These deficiencies were identified through our consultations with social services stakeholders, and it is clear that regulatory failings have contributed to the neglect and abuse of some of the most vulnerable people in our state. That is why this bill is so important. That is why the reduction and prevention of harm to social services users is at the heart of this bill.

I will now turn to the initiatives that this legislation will implement. As the government has made clear, this bill intends to protect people who use social services from harm, such as abuse and neglect. In order to achieve this goal the initiatives in this bill will support safe service delivery by creating a common set of social services standards that identify common risks across the social services sector. The bill will also promote the human rights of service users by ensuring that service users receive culturally safe services that are focused on their agency and dignity. Ensuring that services are person centred is an important component of this bill and will help to ensure that the human rights of our most vulnerable Victorians are preserved and protected. In order to promote these person-centred outcomes the initiatives in this bill will improve the operating efficiency of the regime, with regulated entities facing minimal overlap and duplication when dealing with the government.

The bill will also provide the regulator with compliance monitoring and enforcement powers as well as improve information sharing between regulators. The combination of these initiatives will see the current regulation regime modernised and made fit for the purpose of protecting our vulnerable Victorians. This new Social Services Regulator will not only protect social services users but will help to reduce the regulatory burden for most social service providers. In particular this bill will streamline the registration process for providers by only requiring them to register once. The process of reporting to the government will also be streamlined, with providers no longer needing to report to the regulator on previously reported matters.

Finally, in implementing a common set of social service standards, providers will be required to comply with only one set of standards as opposed to the various standards upheld by the current regime. The combination of these initiatives will help to establish a modern and fit-for-purpose regulatory framework that not only protects our state’s most vulnerable people but assists service providers in delivering efficient outcomes.

I will turn to the specifics of this legislation—how those aforementioned initiatives will be achieved. As has been described, the bill will establish a Social Services Regulator that will improve the current human services regulator. This new statutory body will require social service providers to meet the new social services standards that will minimise risk to our social service users. The Social Services Regulator will be provided with a comprehensive set of tools to monitor and enforce compliance with these standards. These tools will bolster the ability of this new regulator to ensure that social services are not only being efficiently delivered but that people-focused outcomes that protect the safety and wellbeing of vulnerable Victorians are prioritised. In particular the bill will strengthen protections for vulnerable Victorians by establishing a registration framework for social service providers which will allow organisations to deliver various social services.

The bill will also incorporate the aforementioned social services standards into the obligations of registered service providers. These standards include principles such as the delivery of safe service, client agency and dignity, environments for safe service, mechanisms for feedback and complaints, accountable governance and a safe, knowledgeable and capable workforce that can deliver services with skill and care. The bill will also provide the Social Services Regulator with monitoring and enforcement powers to ensure that these standards are complied with. These reforms have been developed alongside key stakeholders, with this consultation process highlighting the support that these reforms have received from industry and community groups.

While these reforms are important, the government is also committed to a phased approach for this new regulatory framework. All new regulation takes time to implement, and social services providers should be given due time to adjust to these necessary changes. As such, this bill provides social service providers with the time to transition to the new regulatory framework before its commencement on 1 July 2023. Throughout this period consultation with the social services sector will continue in order to ensure that guidance is in place to support providers in complying with the standards. From the commencement of this scheme onwards the new standards will come into force and will begin to help our social services sector meet the needs of vulnerable Victorians.

The importance of a social services sector is underpinned by good governance, and that cannot be understated. The COVID-19 pandemic has demonstrated just how important these services are to vulnerable Victorians. Whether it is in my electorate of Nepean or anywhere else in the state, this bill and its initiatives will better regulate Victorian social services and in doing so will provide better protection to our social service users. These changes are another example of how the Andrews government continues to take the necessary steps to improve social policy and social service outcomes. I commend the minister for his work on this bill, and I commend it to the house.

 Mr EDBROOKE (Frankston) (17:29): As many members on this side of the house have stated, I am also proud to be part of a government that in an ongoing sense is continually working to improve the lot of every Victorian, and that is by improving the safety and wellbeing of our most vulnerable as well. As some historian once said, we are judged on how our most vulnerable fare. So this bill will ensure that the regulatory framework within Victoria for social services is as strong as possible and promotes the safety of Victorians.

Now, as the Acting Speaker would know in his electorate of Broadmeadows, I too am proud to work with some very, very innovative and proactive agencies, and I would like to shout out to them now. I did a few stints with Sikh Volunteers Australia, who many on this side of the house are aware of. They are an amazing bunch of people. I did some food deliveries there for a few weeks; my staff are still doing that now. But seeing what they are doing for their community is amazing. We have also got the Brotherhood of St Laurence in Frankston and in many other places in Victoria, which provides an amazing service. We have got Whitelion and the Australian Red Cross. We have also got Community Support Frankston, which is our main referral service. It is basically administered through Frankston council, who I will get onto in a second. They are one of the busiest referral services in the state, and it is to the shame of the federal government that their budget has once more been cut. It is an amazing thing to do at a time like this and still get out of bed in the morning and think that you are doing a good job.

Frankston council have just been tremendous in this time of COVID, a very challenging time. They have embraced the fact that they, at their level of government, have had to step up in an area that I guess is very difficult now. We have to do things differently, and we have to fund things differently as well. We have also got Anglicare Victoria. We have got Headspace. We have got Theodora’s Cheerful Givers, whose founder won the Frankston Senior Citizen of the Year award. I was also very, very proud to be able to present them, via Donation Chain, with Helena, with a fridge to store their emergency food provisions in a few weeks ago. Speaking of Donation Chain, it is another wonderful charity, which provides showers and food and other forms of material relief to people in the Frankston area. We have heard a lot about this bill today, but I just wanted to put on record my thanks to them for what they do in our community, because they are at the coalface but also because this bill is basically trying to make their lives easier.

I listen every day to people at the coalface to hear what they say, because generally they are very honest people. Generally they are not backwards in coming forwards, and generally you will hear exactly how it is. They have told us some of the things we need to improve on. That is not in the context of the government not doing its job, it is in the context of social welfare and the fact that providing for communities is a movable feast. You have to move with the times, and when we have challenges like COVID we have to work out ways of adapting and overcoming these challenges as well. These stakeholders have identified repeated gaps in our system and overlaps, duplications and confusion amongst regulatory reporting requirements, and of course every minute spent on this confusion or bureaucracy means that there is someone in my community, in your community and in every community in the state that is going without some form of face-to-face, Zoom or Teams kind of assistance. It also means that material aid is not landing where it needs to land, and it is very critical at this time that it does.

The current regulatory arrangements at the coalface have been found to be wanting; I guess that is a good way of putting it. They are not supported by a comprehensive suite of tools enabling a proportionate response to people who are not working within the regulations, and the inadequacy of that underlying legislation has meant avoidable harms have continued to present themselves, with the regulator having little if any ability to intervene at an early preventative stage. As everybody I think would know and agree, it is common sense to deal with issues in their early stages, before they become a crisis stage. It is better to deal with issues with the carrot rather than the stick.

In particular the COVID-19 pandemic has uncovered and exposed some shortcomings in Victoria’s social services regulatory regime. An example that has been well used today, but I will touch on it again, is the SRS act, or the Supported Residential Services (Private Proprietors Act) 2010, which has insufficient powers to suspend the operation of facilities with unacceptable risk to residents and move them to a safer setting. We need to take steps to address these known gaps. For anyone who is not aware of what an SRS is, it is a residence. It was not known to me before it was brought to my attention that if these residences are not up to scratch we still have people living in them, and we are not doing the right thing. We are possibly putting these people in harm’s way. So, yes, there has been much done by many people to minimise these harms, but the regulator actually needs that power to put things right, and this bill does that.

There is a pressing need for reform in other areas as well. We have heard about gaps in regulatory coverage, as some social services are not subject to statutory regulation, and a high-profile example of that would be family violence and homelessness services. Safety oversight of these funded services relies entirely on contractual arrangements. And it was not long ago, Deputy Speaker, that we were actually on a committee, and I think you were as shocked as I was that the level of oversight in the sector that we were investigating just was not there, and it is much like this sector, where you assume when you go to bed at night that these things are being done. To hear from local service providers that that is not actually the case is very concerning, and we need to jump on that, and that is what this bill does.

We are dealing with duplicate reporting requirements as well. That has been a real issue in an integrated service environment where many providers of social services deliver multiple arrangements and categories of services. And that has come about due to individual requirements of communities, and it is good, but these may be regulated under multiple different schemes, which makes it very confusing and takes up limited resources in compliance activities as well. There has also been a lack of intelligence around regulatory action and the ability to identify risks early, which is absolutely key in this portfolio. Early signs of a problem are not always able to be identified and are not always communicated as they should be, which creates a risk that that service will continue to provide unsafe services, including, sometimes, a catastrophic event that could have been avoided—not dissimilar to anything in the OHS realm, from where I am standing.

There has also been a continual conflict between regulating and funding services, as the Department of Families, Fairness and Housing regulates the system and is also responsible for ensuring adequate numbers of service providers to meet community needs. In some instances the department is also responsible for regulating services that it funds directly, so there has been some confusion about that. There certainly has been in Frankston, and it is great to be able to give the feedback, you know, that this is the bill that legislates those requirements changing and legislates that we will be able to look after people better than we ever have.

The new framework established by this bill is really significant. It is going to have a bunch of great outcomes for communities. The reforms establish a framework that is applicable across the whole of the social services sector, and it will be phased in into that new framework over the next few years up until 2023, I believe. The phasing in is necessary. We just cannot change everything overnight. We do not want to add to that confusion or add to those issues. We need to contain the breadth of the reforms to allow for a focus on those sectors. We need to ensure the changes are accommodated, and we need to ensure there is enough communication and feedback there that we avoid making changes that may be inconsistent with royal commission recommendations in the past and those in the future, hopefully, as well.

I am very proud to have given a shout-out to some of the social service agencies, I guess you would call them—but some of them are charities—in Frankston and our community. I am very proud to work with them, but this gives me a great sense of relief in that finally we have put in a bill some of the common issues that are told to me across a coffee table sometimes, across Zoom regularly at the moment, and it shows we are acting on these. I am very proud to be part of a government that, since we have been elected in 2014, has acted on these issues and continues to act on these issues and puts Victorians first.

 Ms KILKENNY (Carrum) (17:39): I am delighted to rise today to contribute to the debate on the Social Services Regulation Bill 2021, and from the outset can I just acknowledge the work of the minister. This is really important, significant and quite comprehensive reform. What we are going to see from this bill is the creation of an entirely new regulatory framework, and it is to support some of the most vulnerable Victorians in our community. It is going to assist in the delivery of safe social services throughout Victoria and essentially protect the human rights of those social service users, including the freedom from harm, neglect and abuse.

This bill, along with many other things that this government does, has this directly in mind. It is about making sure that vulnerable Victorians, the service users, are better protected and that they are better supported. But it is also, as part of this, making sure that all the gaps in the system are identified, making sure that overlaps and duplications are dealt with, making sure that service providers are really clear about their obligations and about the requirements and about the regulations that are going to come into force and making sure of course that enforcement and compliance is available to respond to risks that are posed in a proportionate, efficient, effective and equitable way.

In essence, we know that this reform is about addressing what has really become a very fragmented system. That is not to say that each service delivery model and each component of the system is not really well-intentioned and doing some fabulous work, but they have been developed over many, many years—often in isolation without kind of a view of the bigger picture. So this reform is about really pulling that together and, as I said, identifying where the needs are, where the gaps are and where duplication is. And it is something that all of us should really be supporting, because at the end of the day this is about the outcomes for those people who rely on the support services which are going to be regulated by the new framework under this bill.

We are doing it obviously because we care about our most vulnerable Victorians, and I have to say the current pandemic has really brought this into sharp focus. We have seen this pandemic has identified significant gaps in the system. It has highlighted cracks. It has laid bare vulnerabilities and inequities in our system as well. So this is really good, smart legislation. It is timely as well, bringing it in now as we are in this pandemic. It is hard work. It is really hard work, but it is absolutely worth it because it is going to have a significant impact and make a profound difference in the lives of so many Victorians. I have to say I am really proud to be part of the Andrews Labor government that is so committed to ensuring that some of our most vulnerable members in the community are supported, they are listened to and their voices are heard.

So coming back to what the bill will do, we have heard that the bill will establish and create an entirely new independent Social Services Regulator. In essence it is a social services watchdog. It will introduce mandatory market entry registration for all in-scope providers of social services, and it will establish a set of social service standards. This is really important, because it will make clear what the obligations are on each of those providers, what the expectations are, and it will set up a system of enforcement and compliance of penalties to make sure that those service providers are doing everything that they have to do in the interests of the people that they are there to support. So it will provide that comprehensive toolkit to support early intervention and response which is proportionate to the risk at hand. It will—actually, this is important—provide for the collection and disclosure of information for the purposes of the bill. Often we find that that is where gaps in the system also appear: where different agencies might be working with the same clients, the same people, but they are unable to share what is really important information. In a very constrained and confined and confidential manner it is important that that information is shared for the benefit of that user. And ultimately it will streamline reporting requirements.

In terms of the services that it will cover, there will be in-scope services, and to start with those will be the services that might be supporting Victorians who are experiencing family instability, family violence, sexual assault or accessing non-NDIS or supported residential services. The intention is that the new regulatory framework will cover services that are identified as having a common risk to start with and then allow additional service types to be brought into scope over time. To begin with, the initial priority will cover services that might already be subject to existing registration schemes under the Children, Youth and Families Act 2005, the Disability Act 2006 and the Supported Residential Services (Private Proprietors) Act 2010. Then it will cover disability and connection with the Transport Accident Commission, WorkSafe and other services that have not transitioned to the national disability insurance scheme.

The transition, as we have heard, is actually going to occur over a number of phases, and the framework will not be fully rolled out until December 2023. That is important because, as we know, this is really significant, major reform, and obviously adequate lead time is captured in the rollout phasing of all of this. We need to make sure that we are setting it up for success, so we need to make sure that service providers are brought along on the journey and that they are made aware of what their obligations and requirements will be. Time is needed to prepare the regulations, and the regulator will obviously need to work very closely with the sector in the transition.

In setting up this new regulator it is a marked change from the current position. Importantly, I think, this is an acknowledgement that we are going to elevate the voices of those who receive these support services, those who rely on the support services. Those users are going to be involved in the development of regulations. That will give them direct opportunities to provide valuable input into the way the support services in Victoria are regulated, and I think that is a really important component of all of this as well. It is important that we hear from the very users who access those services. But consultation more broadly with the sector and with the stakeholders is going to be a really critical part of the development of the regulations, and I understand that there will be the establishment of a social services regulation task force, which will support and guide the regulation development process over the next 12 months ahead of that scheme commencing in 2023.

As we know, the regulations are going to play a really critical part in all of this regulatory framework. They will articulate the key reforms that are driving all of this, they will put into more granular detail the principles that are sitting atop the new regulatory framework, they will identify and detail the various categories that this will apply to. In essence the regulations will help to operationalise the social service standards and also contain more specific details on what the objective outcomes and service requirements will be.

As I said, this is significant reform. It is reform that we should be really proud of. It is really difficult work, and I appreciate that it is difficult work, particularly in times of a pandemic as well when so many agencies are working so incredibly hard to support vulnerable Victorians throughout our community right now—many Victorians, for the first time perhaps, are finding themselves in positions of vulnerability. I want to thank the minister for all of the work done in bringing this bill to Parliament. We should be proud of this work, and I look forward to continuing to work with him and others on this. I commend the bill.

 Mr McGHIE (Melton) (17:49): I rise today to also contribute to the Social Services Regulation Bill 2021. I would like to start by acknowledging the Minister for Disability, Ageing and Carers and his staff who developed this legislation. The work they do in this critically important portfolio is to be commended. They ensure the safe delivery of services for some of the most vulnerable in our society. Providing a voice and showing dignity to those who are in susceptible situations in their lives is at the heart of Labor Party values. It is the reason so many of the Andrews Labor government members have entered public service—standing up for the rights and dignity of workers, families and individuals. Those who traditionally have not had a voice have been heard and represented by the international labour movement.

The support and solutions to many of our societal changes cannot be solved by just throwing money at the problem and hoping it will go away. Providing support and acknowledging the dignity of the human being must be the start of every solution. We have already heard from many speakers about the reforms outlined in this bill, and I commend those contributions. The overwhelming majority of services providing support to Victorians when they need it do so with these same principles of human dignity at their core; likewise the people who enter into the sector to provide the support.

One of the truly privileged experiences that I have had, and I am sure that many of my colleagues would agree, is meeting the many charities, individuals and groups in their electorates—and in particular in mine—and beyond and seeing the wonderful work that they do. I am reminded of constituents of mine, like Ravinder Kaur, who created the Rehmat Sandhu Foundation in memory of her son, who passed away in December 2014. Ravinder, who was a 2019 Premier’s volunteer champions award recipient, has dedicated her foundation to helping the vulnerable in her community. Her foundation is now providing support services for people living with a disability and mental illness.

Combined Churches Caring Melton and its manager, Denise Morris, have worked with my office in a fantastic relationship to help many vulnerable people who need access to support. That might come through services like Hope Street Youth and Family Services, which provide a first response youth service in Melton along with other needed homelessness support. I have worked with the CEO, Donna Bennett, to help support their valuable outreach. Numerous constituents have been helped in my office through SASHS, the Salvation Army Social Housing and Support Network. There are veterans services like the Melton and districts RSL, the Bacchus Marsh RSL—with all the support that they provide to their community members—and the numerous disability support organisations in Melton. I thank them for all of their efforts.

I am also thrilled with the announcement from the Minister for Prevention of Family Violence that Melton will receive access to the Orange Door network and that more quality social services are being delivered to the Melton community. These and many other individuals, groups and organisations provide so much support for our Victorians in need, and I am constantly amazed at the services that are available in the Melton electorate that you just would not know about otherwise. Of course all these individuals and organisations have their clients’ and families’ dignity and wellbeing as a priority. They need our support so that they can continue their fantastic work. It is important that there are clear and understandable regulations and expectations that do not duplicate red tape to be managed. We in this house have a duty to support all of those who help others.

Unfortunately there are at times individuals and organisations that do not have their clients’ wellbeing as a priority. They do not respect their dignity. For some of these unscrupulous providers it is clear to me that their only priority is a financial benefit to themselves, to the detriment of their clients. Their concern is to provide as little as possible to others to gain as much as possible for themselves.

During my short time representing the constituents of Melton my office has been contacted dozens of times about a particular facility. The multiple individuals who have reached out to me are good, decent people—people who have had solid track records of helping the less fortunate in our community over many, many years. The particular facility that comes to mind has been reported to me regularly. The key concern is that it is profit centric to the detriment of clients’ wellbeing and dignity. They have had deaths in their facility in tragic, but I believe preventable, circumstances. My office has heard complaints of this facility not providing adequate nutrition to people with complex dietary requirements, including diabetes. There have been allegations of them dangerously withholding food from clients for perceived disciplinary reasons. There have been allegations of residents being both physically and emotionally abused, prevented from leaving and having family prevented from visiting, and there are allegations of NDIS fraud, while their facility can only be described as filthy, with the provisions in the rooms being clearly unfit for purpose. Multiple charitable organisations have told me that they have stopped referring clients to this facility. Some have prevented their volunteers and workers from entering, as it is deemed unsanitary. My office has helped one of these residents who was absolutely desperate to leave this facility and reported to us that they were prevented from leaving. This to me is a clear example of where the changes outlined in this bill would clearly benefit the client in this circumstance, whose dignity and welfare had been endangered.

A high-quality regulatory framework for social services as suggested would provide the foundation for improved responses to risk of harm to people who use social services, like the situation that I have described. If the allegations made about this facility are substantiated, then clearly there is a need for the exclusion of people who perpetrate such appalling behaviour. They must be excluded from replicating their dangerous behaviour in other facilities or subjecting other vulnerable clients to such degradation.

Reading the minister’s second-reading speech, it stood out to me that there are relevant reforms contained in this bill that would be applicable in the mentioned example. The minister highlighted that the inadequacy of the underlying legislative framework has meant avoidable harms have continued, with the regulator having little if any ability to intervene at any early preventable stage. Having the many complaints about this facility being highlighted at any earlier period rather than relying on a cyclic review could prevent harm.

This bill will establish a new independent Social Services Regulator. It will create obligations for in-scope service providers to be registered and comply with an enhanced outcomes-focused set of standards. It will establish a worker and carer exclusion scheme that removes workers and carers who pose an unjustifiable risk to service users from high-risk roles, and it also establishes a contemporary regulatory framework with the full suite of compliance and enforcement tools, mutual recognition and broad information-sharing powers, to reduce regulatory duplication and administrative burden on service providers. While the current regulation seeks to protect people from abuse and harm, stakeholders have repeatedly identified gaps, overlaps and duplication and reported confusion about regulatory requirements. As part of these reforms, we are using best practice regulation that starts with clear objectives and expectation, and it applies a risk-based approach to monitoring whether they are being met. Best practice regulation also involves the regulator having access to a comprehensive toolkit. This allows it to respond to risks in a timely, targeted and proportionate manner, and using a risk-based approach the regulator can focus its attention where the likelihood and consequences of harm are greatest. This reduces the compliance burden by managing regulatory activity where these risks are relatively low.

The creation of an independent regulator is a key feature of this bill and I think a sensible reform. The need is for a regulator separate from the department that also provides essential oversight. Shining light on concerns early and putting clients’ needs at the forefront is essential for the outcome of a client. The new independent regulator replaces the human services regulator that is currently within the Department of Families, Fairness and Housing, and the independence of that regulator provides decision-making separation between the regulator and the department, which is particularly important where the department is delivering the service, and this has been welcomed by the sector itself.

In regard to the exclusion provisions I mentioned earlier, I note that the bill will establish a worker and carer exclusion scheme that removes workers and carers who pose an unjustifiable risk to service users from high-risk roles. The new worker and carer exclusion scheme will replace the current carers register and will be administered by the new Social Services Regulator. When the scheme has commenced, service providers who are engaging workers and carers to care for children and young people within the child protection system will need to confirm the worker or carer is not listed on the exclusion register.

I am encouraged to see the reforms highlighted by the minister in this bill and I feel that the reforms will provide safety and better quality of care for Victorians, and I commend this bill to the house.

 Mr HAMER (Box Hill) (17:59): I too rise to speak on the Social Services Regulation Bill 2021, as mentioned, a bill that is being introduced to keep people who use social services safe from harm such as abuse and neglect. It is another bill which is seeing the Andrews government continue to protect our most vulnerable Victorians who use and need social services. The initial scope of the regulatory coverage will encompass social services subject to schemes that are currently captured by the human services regulator and some department-funded services that presently lack regulatory coverage but comply with the human services standards through other means, including as a condition of funding agreements.

It will include disability services registered under the Disability Act 2006, supported residential services registered under the Supported Residential Services (Private Proprietors) Act 2010, services provided in the community to support children and families subject to registration under the Children, Youth and Families Act 2005, family violence services, homelessness services and department-delivered services such as child protection, welfare services and forensic disability services.

Overall the key elements of the bill are to establish a new independent Social Services Regulator, create obligations for in-scope service regulators and providers to be registered and comply with an enhanced, outcomes-focused set of standards, establish a worker and carer exclusion scheme that removes workers and carers who pose an unjustifiable risk to service users and establish a contemporary regulatory framework with a full suite of compliance and enforcement tools.

In my electorate of Box Hill this bill will cover many of the hardworking organisations that provide social services not just within my constituency but really throughout the eastern suburbs. Box Hill is really a hub for the east in terms of the provision of social services, and I do want to acknowledge some of the services and particularly the workers who have put in so much time and effort. It is a really thankless task, the job that they do. I should not say thankless; it is very rewarding, but it is incredibly difficult. I know the passion that they have for their jobs and dealing with some of the most vulnerable people in our community.

This week we were fortunate that the new site for the Orange Door network opened in Box Hill, just a few hundred metres from my office. I had the pleasure of having the minister come out a few months ago to meet the team and see how that site was being delivered in the process of their startup. It is really such an important function that that service provides for our community and for the whole inner east community which it is going to provide for. Already I think we see the results of the Orange Door network throughout where it has been provided in other parts of the state, really helping thousands of Victorians experiencing family violence to receive the specialist support and advice that they need to recover and rebuild their lives.

There are a couple of other social service providers that I do really want to highlight that operate in the electorate and the wonderful work they do, particularly the Alkira centre, which has for many years—I think it is more than 50 years they have been in operation—helped clients with disabilities, particularly providing them with meaningful roles and outcomes in their lives. Again, it was a few months ago that I had the privilege of going to their new centre, which is just on the boundary of my electorate, their Springfield centre, and they have been in the process for many, many years of seeking funding for this development. They have run an enormous amount of community fundraising to get this centre off the ground and really provide something that was not able to be provided in their current centre, which is in the centre of Box Hill. The new centre has a lot of different experiences, a lot of different sensory experiences, that are really catering to the needs of their clients. I really want to pay tribute to the CEO, Lisa Sawatzky, and all her team for the fantastic work that they do and the tremendous dedication that they show.

The other one I want to give a shout-out to is Burke and Beyond. Again, this is an organisation that works with young people, particularly young people with a disability, generally of the age of 15 to 25, really giving them the confidence to take on the world independently. I have managed to go and visit their onsite facility and have a chat to some of the fantastic young people who have been assisted through Burke and Beyond. They are really doing some amazing work there, and I do want to pay tribute to everyone—to all the workers and all the team involved—at Burke and Beyond.

The purpose of this bill is really to improve this range of social services—the social services that I talked about—to make these services more streamlined and to improve them for both the workers and also the individuals who are seeking the support. I know from speaking to the management and the workers there and the participants in the program how much these programs are valued. But then I have also heard the stories from the member for Melton, who indicated that there are some locations where unfortunately not all the procedures and rules are followed, and sometimes this does have really terrible outcomes. The bill will strengthen the regulatory framework for the social services and through this help protect the right of service users and minimise the risk of avoidable harm. It will close the gaps, inconsistencies and fragmentation which create the barriers to effective risk management; it will fix the duplication and overly complex requirements which create inefficiencies for both the providers and government; and it will address the insufficient powers of the services to act in a timely way, such as when the regulator identifies a problem with a service provider and they do not have the tools or the powers to address the risks of harm.

In the short time that I have left I just want to touch on the worker and carer exclusion scheme as well. As has been documented in this place, there are sometimes cases of harm, neglect or abuse of our workers, our carers and our service users. They do an incredible amount of work, and as any worker does, they do have the right to be safe at their workplace. You should always feel safe and secure going to work. The risks of harm this scheme intends to address will be managed by regulating the providers and the standards, and in particular service providers will need to ensure that their staff are working within the new requirements in the standards, including that of a defined safe workplace. It will mean that investigations and interventions will be managed through the worker and carer exclusion scheme, and it will ensure safer workplaces for our service users and other workers and carers. It is another bill that shows our commitment to workers and to the most vulnerable Victorians. I commend the bill to the house.

 Mr SCOTT (Preston) (18:09): It gives me great pleasure to rise to speak on the Social Services Regulation Bill 2021, which seeks to replace a number of regulatory schemes with a single scheme, including sets of standards, a single regulator and one registration process. This will have benefits in streamlining the requirements that social service providers face and replacing audit processes, which can be costly, through independent review bodies.

The bill seeks to establish the new independent Social Services Regulator to create obligations for in-scope service providers to be registered and comply with enhanced outcome-focused sets of standards, establish a workers and carers exclusion scheme that removes workers and carers who pose an unjustifiable risk to service users from high-risk roles, and establish a contemporary regulatory framework with a full suite of compliance and enforcement tools and mutual recognition and broad information-sharing powers to reduce regulatory duplication and administrative burden on service providers.

Before getting into some of the detail of the bill I just wanted to indicate on behalf of, I am sure, not just myself but other members of this house the deep gratitude that I have and we all owe to those service providers who seek to help others who require assistance in their life. It is a really important area of human endeavour, because many members of our community require assistance, and they require that assistance to be timely, professional and safe. It is important that we do so in a way that minimises the regulatory burden, and I note the minister at the table, the Minister for Regulatory Reform, has areas of responsibility for regulatory burden. It is important to ensure that the regulatory burden is small, because often service provider organisations are run by voluntary committees. In terms of their committees of management, these are often not large organisations. With the regulatory burden, while appropriate in ensuring the safety of both employees and the people that they are seeking to serve as their clients, it is important that that meets the dual function, and it is important that that dual function is performed. Removing unnecessary duplication is an important part of the regulatory reforms that this bill represents.

I also wanted to touch upon the replacement of the current human service standards with a new and contemporary system of social service standards, where social service standards are defined as safe service delivery, service user agency and dignity, safe service environment, feedback and complaints, accountable organisational governance, and safe workforce. Ensuring that standards meet these needs concurrently is utterly critical, because when you are dealing with social service providers you are dealing with organisations which deal with people who are often particularly vulnerable. I know from my previous experience as a minister responsible for the Transport Accident Commission we would have injured persons who were receiving services from social service providers. You would be dealing in that context with people with brain injury, with people with physical injuries or with people who are often extremely vulnerable and be ensuring that the environment is particularly safe.

I do note the other provisions of the bill, which establish a worker and carer exclusion scheme to remove workers and carers who pose an unjustifiable risk to service users from high-risk roles. This is an important part of the reforms embodied in this bill. In particular, in detailing that, once the scheme has commenced, service providers who are engaging workers and carers to care for children and young people in the child protection system will need to confirm the worker or carer is not listed on the exclusion register prior to engagement.

Young children particularly are at risk, and young children who are in vulnerable situations and often in out-of-home care and other such precarious arrangements are at particular risk. I have in this Parliament—and I note other members who have been here for some time—participated in and listened to debates about the great failings in the past that we have had with young children that are in care. So a scheme of exclusion that removes workers and carers who pose an unjustifiable risk to service users from roles, particularly, as I noted, dealing with at-risk children, is an important and worthwhile reform.

I will just touch upon a couple of other aspects of the bill. The bill contains mutual recognition aspects, and that is important, because service providers often have complex roles where they deal with different jurisdictions, including particularly the national disability insurance scheme. Social service providers that are providing services within the framework of the state regulatory system also, in many cases, provide services in the context of the national disability insurance scheme. While the National Disability Insurance Agency is happily nationally based here in Victoria, in Geelong—and it is welcome that it is based here—of course the regulatory framework relates to federal rules and legislation. So it is important to ensure that there is an interoperability between those jurisdictions to ensure that there is mutual recognition and a seamless ability for service providers to navigate the different regulatory environments.

I have not heard the opposition’s position, but I would be amazed if there was a controversy in relation to this bill, because it enacts a series of what are sensible arrangements to ensure not just a safer regulatory framework but also one that removes unnecessary burden on social service providers. Replacing the human services regulator that currently sits within the Department of Families, Fairness and Housing with an independent regulator will ensure that the regulator is able to act independently and that there is a separation between the regulator and the department. This is important because of course the department is a very significant deliverer of services in this area. I note the role of the minister at the table, the Assistant Treasurer, in relation to the Essential Services Commission—there is real benefit to having independent regulators that step into a space where there is government service provision, or in fact government-regulated service provision, to ensure an effective regulatory standard.

I think also it is important to note that in terms of our social service providers they come in different sizes, come in different scales, but the workforce and the people that you meet—I am sure members of this house, like myself, have had many engagements with local service providers within their electorates and perhaps more broadly depending on their responsibilities—are dedicated people. These are people who are not seeking dollars, who have a higher purpose in their life, who seek to change the world by changing the lives of those who are in positions of peril or in positions of relative disadvantage, and they do so in a way that is truly inspiring. In contributing to this debate I would like to put on the record my deep appreciation for the work that is undertaken, for those who serve as employees, for those who serve as volunteers, often on committees of management, for those who dedicate their lives to the wellbeing of those in vulnerable situations. It is important to ensure that we recognise that many, many, many Victorians dedicate their lives to those who face significant difficulties and adverse situations. Through their lives and through their professionalism, their dedication and their care they change those lives and ensure that more people in Victoria can undertake lives full of the sort of agency that we too often take for granted and ensure that lives are given a dignity and respect that is too often taken for granted by many of us who do not face that adversity.

I will keep my comments relatively brief, but this is a sensible piece of legislation. It provides changes that will improve regulation, provide suitable protections, establish an independent regulator and ensure that the regulatory framework responds to the needs of vulnerable Victorians. I commend the bill to the house.

 Mr PEARSON (Essendon—Assistant Treasurer, Minister for Regulatory Reform, Minister for Government Services, Minister for Creative Industries) (18:18): What a great privilege it is to be able to rise in this august chamber on this magnificent spring evening. I never get disappointed whenever I rise in this place. This is just such an amazing workplace, and such an incredible privilege it is, an honour it is, to be able to come into this place and talk about issues that mean a great deal to me as a legislator, me as a minister of the Crown and me as a member of the Australian Labor Party. This is such a historic place to be able to come and discuss ideas, to ideate, to think about what motivates us, what brings us to this place, and to talk about these issues. And it is a particularly great honour to be able to occupy the Treasury bench and to talk about bills that mean so much to you individually, the community that has sent you here and, in our case, the party that we represent.

The reason why I wanted to speak on this bill today is that it is just so fundamental for many of us in the Labor Party to what has brought us to our party and brought us to this place. We all have different experiences, we all have a different lived experience, but for many of us on this side of the house we have seen what happens when there is inadequate protection, when there is an inadequate safety net to support people, because invariably it is people who are poor, people who are isolated, people who are vulnerable, people who are migrants or people who do not necessarily have the wealth, the power or the privilege to be able to address those weaknesses and those failings. So a bill like this is important. It speaks to me as to why I took this path, why I chose this journey. It is why I chose to join a union at the first chance I could, it is why I chose to join the Labor Party when I was a teenager and it is why I have taken this path to be here now. It is always such a great privilege to be reminded of why you are here and to be able to be in this place, in this chamber—this place where there have been so many great debates over generations.

In many respects the notion of a safety net really started I think to come into its own at different points in time in history, but I do recall a debate in this place in the last Parliament when I talked about Publius Clodius Pulcher and the Leges Clodiae, which were a series of reforms that Pulcher instituted when he was a tribune of the plebs in 59 BC.

Mr Cheeseman: I remember that.

Mr PEARSON: Do you remember that?

Mr Cheeseman: I can remember that.

Mr PEARSON: It was insightful because it was in that first tenure as a tribune of the plebs—and bear in mind he was a patrician by birth and was sought to be adopted by a plebeian family in order to hold this office—that he instituted the bread dole. It was a monthly allowance provided to all the people of Rome. As a legislative initiative it lasted for 500 years—it really lasted until the fall of Rome—the notion that the state would provide free bread to every citizen of Rome who needed it. I think the notion that as a legislator you have the ability to put something on the statute book that will last long after you are gone—and in this case lasted 500 years—is something that I have always been incredibly drawn to, and I have always thought it is a really wonderful initiative.

But as time has gone on we have had to look at making improvements and we have had to try and be better. I am thoroughly enjoying a wonderful book at the moment called The Toyota Way by Jeffrey K Liker, who talks about kaizen. This is about what Toyota did after the Second World War. Toyota recognised the fact that they could not compete with the big American auto manufacturers who had that huge scale—massive markets and the ability to use their big, big factories to drive innovation and improvements. The Japanese did not have that. What the Japanese recognised though is that they would have smaller production cycles and they would need to constantly innovate and constantly improve. The Toyota Way talks about continual improvement: fine-tuning, refining, testing, constantly getting better, constantly improving. They were laggards and they were weak when they started immediately after the Second World War, but as we saw over decades, through their focus on continual improvement and making sure that management did not stay up in the offices but went down to the factory floor to look at the way in which they manufactured vehicles, they saw how they could improve, they saw how they could be better.

A bill like this is about that. We have got fragmented systems. We have got to try and get better, and we can use and harness the power of data in a way in which we can improve our efficiencies and our performance. And we can do this in a really positive way. We can pull together disparate datasets to try and find ways of being better. There is a fantastic term I love called ‘positive deviants’, and positive deviants refers to an individual who by any set of circumstances should not excel, should not succeed. So they might be, for example, a person who has grown up in a dysfunctional home where there has been family violence, where they have left school early, where they have been abused, but somehow some of those people, and small though the chance may be, end up coming through and leading well-adjusted, satisfying, dignified lives. You know, they might go to university; they might enter a profession. They end up doing really well. Now, you can turn around and say, ‘Well that might just be the individual set of circumstances’, but by harnessing data and harnessing big data you can start to pick trends. And I think that if you look at it, it might only be a small handful of people, but over a longitudinal period you can start to identify and pick the trends. Why is it that that is the case? Why is it that that person had so much lead in their saddlebags but managed to win the race? What can we do? What can we learn? How can we bring together disparate datasets to try and get a better understanding?

You think about how the first thousand days of a child’s life makes such a huge difference in the sorts of lives that they lead. And as a state, if you think about it for a moment, we have all these datasets we create, from the moment a child is conceived, through the prenatal care that they get, going through the hospital system when they are born, going through the maternal and child health service, going through child care, through kindergarten and on to when they go through the school gate for that first time. For those first five years we have all these disparate datasets that are created—finding ways where we can try and really link up those datasets, finding ways we can drive those levels of improvement. Again, coming back to kaizen, that notion of continual improvement, about: how can we try and be better? How can we identify what is going on with positive deviants and how can we be better? How can we improve? So a bill like this I find is really important. It is also important for reasons around equality and equity.

You know, there is a great book called Why Nations Fail, and nations fail where you have got exclusive political institutions and/or you have got exclusive economic institutions. Nations will fail where they turn around and say, ‘Look, I don’t care how smart you are. I don’t care how hard you work. I condemn you to not be able to experience economic prosperity. We don’t want you. We work to exclude you from that’. Nations like that invariably fail, because people will turn around and say, ‘Look, this is manifestly inadequate, and it’s grossly unfair’.

A really strong social safety net, making sure that people have the opportunity to reach a privileged position—are able to apply themselves, lead an abstemious life, be focused, disciplined, hardworking and intelligent—and making sure that they have got the capacity to get an education, they have got a capacity to have a well-paying job, are really good things, and that is something we should all be proud of. Indeed in many respects one of the great stories, one of the great Australian stories, has been the fact that people can actually come from a disadvantaged background, come from a poorer background, and do well.

I was the first person in my family to go to university. My parents left school at 15. They married young so Dad was not conscripted to go to Vietnam, and it is an enormous amount of pride for me that I am here. In so many other societies or at different times I would not be here. This place was not for people like me. We were not allowed into a place like this. But through a strong social safety net, through a progressive society, through the fact that I have worked hard, I have been disciplined, I have applied myself and I have had this great passion for progressive politics and the Australian Labor Party, I find myself here. So it is a privilege, and I am so grateful to be here. I am grateful to be here to talk on a bill like this, to be in this wonderful chamber on this amazing spring day. These are challenging times and difficult times, but how lucky are we to be here.

Following speeches incorporated in accordance with resolution of house of 7 September:

Ms ADDISON (Wendouree)

I am very pleased, and also very proud, to support the Social Services Regulation Bill 2021.

I would like to begin by thanking the Minister for Disability, Ageing and Carers for introducing this bill, as well as his hardworking ministerial office. Additionally, and perhaps most of all, I would like to acknowledge some very special people at the newly formed Department of Families, Fairness and Housing, for their work in crafting the legislation we have here today.

And as always, this legislation has not been developed in isolation. There has been extensive consultation with sector-specific peak bodies, regulatory and oversight bodies, and senior departmental subject matter experts. Furthermore, over the past two years the department has engaged both service providers and service users, through directed communication and public updates, as well as through a range of information sessions and forums across the relevant sectors. Through this consultation, these stakeholders have told us of the gaps and the overlaps in the existing regulatory framework, who have told us about its complexity and the confusion that results.

This extensive consultation has proved extremely valuable, and has revealed widespread agreement on the need to prioritise the safety of people experiencing vulnerability. Input from, and support for, stakeholders will continue as these reforms are phased in. What this consultation has underscored is that the existing regulatory environment for social services providers is far from ideal.

The fragmented legislative landscape regulating social service delivery, which has developed in isolation and over time, certainly requires both clarification and streamlining. The current regulation includes burdensome overlaps, where providers working in multiple areas must stay abreast of duplicative regulatory requirements. There are also troubling gaps, where certain services—including some in the hugely important areas of family violence and homelessness—are not guided by regulatory frameworks. Service providers in these areas deserve more clarity and they deserve more support. Also of concern is the ability of a regulator to separate out the funding and the regulation of services organisations, and to intervene early when necessary to forestall unsafe outcomes.

We’ve listened to those in the sector who have spoken out about these difficulties, and this government recognises the need for a robust regulatory framework. We need to strengthen safeguards and simplify processes to better facilitate the work of our excellent social service providers, and to ensure the quality and safety of services provided to vulnerable Victorians.

We need to modernise and to simplify this regulation. We need a streamlined set of standards and a streamlined registration process. And this is what this bill will deliver.

The Social Services Regulation Bill 2021 creates a unified regulatory framework to support the safe delivery of social services, and to protect the rights of social service users. These are vitally important services, and we must ensure that they are safeguarded in a manner that reflects this.

Firstly, and primarily, the bill introduces the Social Services Regulator, a new independent authority which will take the place of the human services regulator. This new regulator will oversee the services delivered by more than 1200 organisations, in areas including child and youth out-of-home care, disability services outside of the NDIS, supported residential services, family violence services, sexual assault services, and homelessness services.

This is a broader remit than the previous human services regulator, and also ensures a larger degree of separation from the department. This remit will also cover both government and non-government services, providing accountability and consistency of standards across the sector, and to ensure that service users can expect the same fundamental protections regardless of an organisation’s public or private status.

The Social Services Regulator will be able to identify shortcomings in service delivery and will be empowered to work with service providers to improve standards across the board. They will also recognise other regulatory schemes of relevance, ensuring that the regulatory environment remains coordinated and simplified, and benefiting those providing a broad range of essential social services.

They will also be empowered to monitor and investigate relevant providers, with the flexibility to enforce compliance in a manner appropriate to each given situation. Less serious non-compliance will be met with measured responses such as warnings and infringement notices, which will allow the regulator to step in early and reform concerning practices. More serious breaches may be met with further compliance notices and court-based civil and criminal remedies. And in limited situations, with rigorous safeguards, authorised officers under the regulator may enter certain premises for inspection. All these measures work to ensure the safety of both service workers and service recipients.

Additionally, the regulator will oversee the registration of social service providers. This is a key preventative measure which pre-emptively addresses harmful practices, with all social service providers required to go through the registration process. Applicants will be assessed on core capabilities and their capacity to provide for user safety, and a registry of approved social service providers will be published by the regulator.

This bill also provides for social services standards, to empower registered providers via clear and consistent guidance. These include standards around safe service delivery, service user agency and dignity, safe service environment, feedback and complaints, accountable organisational governance, and workforce safety. These standards are focused on ensuring service safety and on protecting the human rights of service users.

In addition to registration and regulation, this bill additionally anticipates and address several other legislative needs.

It details a worker and carer exclusion scheme, initially focusing on carers but with room for expansion, for high-risk sectors whose risks cannot be adequately mitigated through service provider regulation alone. It establishes an information-sharing scheme, to better align the regulator with other government bodies in informing action and minimising regulatory duplication. It specifically addresses the status of supported residential services, to make clear that their residents have no reduction in rights or protections under this legislation. And it contains general provisions including regulation-making powers, so that the resulting scheme can be flexible and continuously relevant.

I also welcome the recent amendments introduced by the minister, which further clarify and strengthen the objectives of this bill. These include expanding the objects of the regulator, to include promoting and supporting the delivery of safe and effective social services; encouraging a culture of continuous quality improvement in the provision of social service; and providing confidence to service users and the community in the safety and quality of social services. The regulator’s guiding principles will also include assisting service providers via guidance and education, as well as to make decisions using intelligence-led integrated approaches that are proportionate to risk and that minimise regulatory burden.

Additional amendments clarify that the regulator is to liaise with other regulatory and investigator bodies to avoid the unnecessary duplication of investigations, and that the regulator must carry out consultations before issuing guidelines. Together, these various amendments work to further refine the position of the regulator, providing a clear mandate and building confidence in their role.

This scheme will come into effect from 1 July 2023 via a phased-in approach to ensure the appropriateness of the regulations, as well as to allow service providers time to accommodate any necessary changes. As I’ve already mentioned, stakeholder involvement will continue throughout this process and beyond, and guidance will be delivered to providers to support compliance. The phased implementation will also initially prioritise social services carrying a high degree of inherent risk of harm to users. Through this approach, the scheme provides support to providers whilst safeguarding the safety of users.

Finally, the amendments provide for this act to be reviewed after its first three years of operation with a report to be tabled in Parliament, ensuring that consultation and feedback in this space will continue.

One of the great privileges of my role as the member for Wendouree is to interact with a wide variety of community members and organisations, and as a result I am very familiar with the essential and vital work done by social service providers across Ballarat. I wish to acknowledge all those working in this space—the benefit they provide to our community is incalculable. Both service providers and service users deserve support and clarity from their government, and this is what this bill today ensures.

This is fundamentally important legislation, both for my community and for all of Victoria. I commend this bill to the house.

Mr CHEESEMAN (South Barwon)

Thank you, it is my pleasure today to make a contribution on the Social Services Regulation Bill 2021.

Victorians access social services for support during the most difficult and challenging times in their lives. As a community, we expect that providers of these services deliver them in a safe manner that supports the human rights of those who use them.

Current regulation is fragmented and based on separate schemes that were developed in isolation from each other more than a decade ago. Some social services (including family violence and homelessness services) are not subject to a legislated regulatory framework at all and rely on funding agreements to establish quality and safety benchmarks.

While each scheme seeks to protect people from abuse and harm, together, they fail to reflect the contemporary service delivery landscape. Stakeholders have repeatedly identified gaps, overlaps and duplication, and reported confusion about regulatory requirements. And recent reforms to social services delivery have revealed a growing problem of regulatory gaps and overlaps facing organisations that provide multiple services across different sectors.

The current regulatory arrangements are administered by the human services regulator as a delegate of the secretary. They are not supported by a comprehensive suite of regulatory tools enabling proportionate responses to the risk of non-compliance. The inadequacy of the underlying legislative framework has meant avoidable harms have continued with the regulator having little, if any, ability to intervene at an early preventative stage. In particular, the COVID-19 pandemic has exposed shortcomings in Victoria’s social services regulatory regime. For example, the Supported Residential Services (Private Proprietors) Act 2010 has insufficient powers to suspend the operation of facilities with unacceptable risks to residents and move them to a safer setting. We need to take steps now to address these known gaps.

Significant efforts to minimise these harms are warranted. There is a pressing need for reform of the regulation of social services to address these regulatory shortcomings. A high-quality regulatory framework for social services provides the foundation for improved responses to risks of harms to people who use social services.

The key identified issues contributing to these regulatory shortcomings include:

Gaps in regulatory coverage as some social services are not subject to statutory regulation, for example family violence and homelessness services. Safety oversight of these funded services relies entirely on contractual arrangements.

Duplicative regulatory requirements in an integrated service system where many providers of social services deliver multiple categories of services. These may be regulated under multiple different schemes, which creates complexity for organisations seeking to comply and ties up limited resources in compliance activities.

Lack of intelligence to inform regulatory action and identify risks early. Early signs of a problem are not always able to be identified, which creates the risk that service providers continue to provide unsafe services, until a significant catastrophic event occurs.

Conflict between regulating and funding services as the Department of Families, Fairness and Housing regulates the service system and is also responsible for ensuring adequate numbers of service providers to meet community needs. In some instances, the department is also responsible for regulating services that it funds directly.

Our regulatory infrastructure must be improved to provide service users with better protection. The current framework has meant the regulator has little ability to intervene at an early prevention stage. To ensure greater protection of vulnerable service users, a comprehensive regulatory framework is required to ensure providers of social services are supported to comply with the social services standards. In addition, there is a need to consciously and systematically create standards that prevent abuse and neglect, promote service user safety, and properly respond to allegations of abuse and neglect. It is also required to deal with providers that fail to provide a safe environment for vulnerable service users.

In conclusion, the reforms in this bill are important. They will promote and enhance regulation of a wide range of Victorian social services and in doing so will protect vulnerable service users from abuse and neglect.

I’m proud to be part of a government that is continually working to improve the safety and wellbeing of our most vulnerable Victorians. This bill will ensure that Victoria’s regulatory framework for social services is as strong as possible to promote the safety of Victorians.

I commend the bill to the house.

Ms COUZENS (Geelong)

I am pleased to contribute to the Social Services Regulation Bill 2021. This is a significant bill that supports the Andrews government commitment to protect users of social services from abuse and neglect.

Of course, social services play a critical role in our local communities and there are many dedicated organisations and workers who do a great job and I thank them for their passion and commitment.

But we also know that there are those who do not have the same level of passion, commitment and importantly adequate training.

As a member of the parliamentary committee that conducted the inquiry into abuse in disability services, I heard the very serious concerns from people with lived experience, family members and carers.

The eight chapters of this report provide a detailed account of the experiences of people with disability within a disability sector marked by a fundamental lack of essential safeguarding and oversight.

Much of the evidence presented to the committee, and contained in the report, is confronting.

The committee heard from parents of children with disability who had been repeatedly sexually assaulted while in care. The committee heard that physical violence towards people with disability was ‘normalised’ within the sector.

It heard about the theft of money from people with disability while in care. The committee was presented with evidence that demonstrates that the disability workforce is frequently ill equipped for the complex tasks required, is untrained or undertrained, and often poorly supervised.

The committee heard evidence that the sector has employed predators who repeatedly assaulted the clients of residential facilities. The committee is adamant that the human rights of people with disability must be put at the forefront of every action and can no longer be ignored. Attempts to date have failed people with disability.

I welcome the introduction of the Social Services Regulation Bill as an additional protection for some of the most vulnerable people in our community.

The Social Services Regulation Bill 2021 seeks to replace a number of regulatory schemes with one—a single set of standards, a single regulator and one registration process.

This will reduce the red tape burden for our hardworking service providers as well as replacing the costly audit process through independent review bodies.

At the same time giving a comprehensive regulatory toolkit for compliance and enforcement powers when services are failing their clients.

Overall, the bill will:

establish a new independent Social Services Regulator;

create obligations for in-scope service providers to be registered and comply with an enhanced, outcomes-focused set of standards;

establish a worker and carer exclusion scheme that removes workers and carers who pose an unjustifiable risk to service users from high risk roles; and

establish a contemporary regulatory framework with a full suite of compliance and enforcement tools, mutual recognition and broad information sharing powers to reduce regulatory duplication and administrative burden on service providers.

It is recognised by the government that current regulation of social services is fragmented and there is a need for reform.

Some social services (including family violence and homelessness services) are not subject to a legislated regulatory framework at all and rely on funding agreements to establish quality and safety benchmarks.

While current regulation seeks to protect people from abuse and harm, stakeholders have repeatedly identified gaps, overlaps and duplication, and reported confusion about regulatory requirements.

As part of these reforms, we are using best practice regulation that starts with clear objectives and expectations and applies a risk-based approach to monitoring whether they are being met.

Best practice regulation also involves the regulator having access to a comprehensive regulatory toolkit. This allows it to respond to risks in a timely, targeted, and proportionate manner.

Using a risk-based approach, the regulator can focus its attention where the likelihood and consequences of harm are greatest. This reduces compliance burden by managing regulatory activity where the risks are relatively low.

We know that when best practice regulation is applied, service providers, their users and the community all benefit.

The scope of regulatory coverage will encompass social services subject to schemes currently captured by the human services regulator, and some department-funded services that are not subject to a legislative regulatory framework:

This includes:

disability services registered under the Disability Act 2006 that have not transitioned to the NDIS—including state-funded disability services such as forensic disability and those delivered through the Transport Accident Commission);

supported residential services registered under the Supported Residential Services (Private Proprietors) Act 2010;

services provided in the community to support children and families that are subject to registration under the Children Youth and Families Act 2005—including out-of-home care. This does not include maternal and child health services, early childhood education and care services or schools;

family violence services—including case management, support and accommodation services provided to people experiencing family violence and services for perpetrators; homelessness services—including referral, support and accommodation services.

The new reforms replace the current human services standards into new and contemporary social service standards.

The bill defines the social service standards to be: safe service delivery; service user agency and dignity; safe user environment; feedback and complaints; accountable organisational governance; and safe workforce.

It is important to note that in consultation with the sector, the regulations of the bill will help to operationalise these key principles for the sector and contain further detail on the outcomes sought and service requirements to be met.

The new independent regulator replaces the human service regulator that is currently within the Department of Families, Fairness and Housing. The independence of the regulator provides decision-making separation between the Regulator and the Department which is particularly important where the Department is delivering services—this has been welcomed by the sector.

The bill will establish a worker and carer exclusion scheme that removes workers and carers who pose an unjustifiable risk to service users from high-risk roles. The new worker and carer exclusion scheme will replace the current carers register and will be administered by the new Social Services Regulator when the new framework is operational.

When the scheme has commenced, service providers who are engaging workers and carers to care for children and young people who are within the child protection system will need to confirm the worker or carer is not listed on the exclusion register prior to engagement.

The government recognises the need to support the sector through the transition to the new Social Services Regulator.

This is why the bill ensures there is plenty of time for service providers to transition to the new scheme.

We have ensured considerable lead in times with current regulated services to be subject to the new regulator from 1 July 2023 who will have their existing registration automatically transferred.

Service providers not previously required to register (such as family violence and homelessness services) will start from 1 Dec 2023 to given them more time to transition.

As part of our commitment to ongoing consultation, the government will establish a social services regulation task force to support and guide the regulation development process over the next 12 months, ahead of scheme commencement from July 2023.

The task force will have an independent co-chair to represent both service providers and users and a government co-chair representative.

Consultation on terms of reference, independent co-chair and membership representing service providers and service users on the task force will occur very soon.

The task force would also provide to government advice on other issues including further detail around the service standards and scheme coverage in the regulations.

The task force is also expected to advise on the requirements that should be set in the regulations to support ongoing advisory mechanisms to the regulator.

The government looks forward to working with the sector over the coming months to develop a contemporary and robust Social Services Regulator.

Following further consultation with the sector, the government has tabled a number of clarifying amendments to support the bill.

These include: an amendment to include three additional objects of the regulator as follows:

to promote and support the delivery of safe and effective social services; and to encourage a culture of continuous quality improvement in the provision of social services; and to provide confidence to service users and the community in the safety and quality of social services.

An amendment to include a new provision in the bill to require the regulator to liaise with other regulatory and investigatory bodies to avoid unnecessary duplication of investigations.

An amendment to include a new guiding principle in the bill to require the regulator, in carrying out a function or power under the act, to assist service providers in complying with and understanding the act by providing them with guidance and education.

In addition, an amendment to provide that the regulator, in carrying out a function or power under the act, must make decisions using an intelligence-led and integrated approach that is proportionate to risks and minimises regulatory burden.

An amendment to provide for the review of the operation of the act in the fourth year of the operation of the act to review the first three years of its operation.

An amendment to include a requirement that the regulator is not to issue a guideline unless the regulator has carried out a consultation on the draft guideline in accordance with the regulations.

I commend the bill to the house.

Mr KENNEDY (Hawthorn)

Speaker, I am pleased to speak on the Social Services Regulation Bill 2021 (the bill).

This bill is necessary as it will better protect vulnerable Victorians from avoidable harm, through the strengthening of the regulatory framework via the establishment of an independent Social Services Regulator.

As I will detail shortly, the new framework replaces the current fragmented arrangements, which will enable the new regulator to more readily respond to incidences of harm in relation to the delivery of social services.

Although COVID delayed—the government has undertaken two years of wide consultation and engagement with service users and providers, with sector-specific peak bodies, regulatory and oversight bodies and senior departmental subject-matter experts.

The bill does the following:

replaces a collection of existing, fragmented regulatory arrangements contained within various legislative instruments and contractual mechanisms relating to the Department of Families, Fairness and Housing;

establishes a new Social Services Regulator;

create obligations for in-scope service providers to be registered and comply with an enhanced, outcomes-focused set of social service standards;

establishes a worker and carer exclusion scheme that removes workers and carers who pose an unjustifiable risk to users of social services from high-risk roles; and

establishes a contemporary regulatory framework with the necessary compliance and enforcement provisions, mutual recognition and broad information sharing powers—so that service providers are no longer burdened with regulatory duplication and administrative issues.

The social service standards (the standards) that will be embedded in the bill are:

Safe service delivery—services delivered safely based on assessed needs.

Service use with dignity—services are person-centred and take into consideration an individual’s circumstances.

Safe service environment—services are provided in a safe, secure and fit-for-purpose environment.

Space for feedback and complaints—support is given to service users so they are able to provide feedback, complaints or concerns about service delivery.

Safe workforce—services are delivered with care and skill by a workforce with the knowledge, capability and necessary support.

The approach to regulation of individual social service workers and carers will be improved through the establishment of a contemporary exclusion scheme. The worker and carer exclusion scheme will focus on those carers and workers engaged in high-risk sectors whose risks are unable to be mitigated through service provider regulation alone. Initially the scheme will focus on carers but, through regulations, can be expanded to other high-risk workers as deemed appropriate by the government.

To promote compliance with the standards, the new regulator will be provided with a broad range of contemporary monitoring and enforcement powers. These will include:

enabling the regulator to respond to less serious non-compliance with the standards through the issuing of official warnings or infringement notices, while also being able to respond to more serious breaches by accepting enforceable undertakings or by issuing compliance notices seeking various remedies from a court, including criminal or civil penalties.

powers to enter and inspect certain premises without an entity’s consent in limited circumstances. Rigorous oversight will be applied to ensure that right of entry is subject to strict criteria.

These criteria include inspections only taking place in business hours (unless permitted under a warrant) and where the regulator has reason to believe that the act or regulations have been contravened.

To minimise regulatory duplication, arrangements for gathering and sharing regulatory intelligence will be improved.

One of the important roles of this government, and indeed any good government, is the provision of social services for people at vulnerable times in their lives. While one must wonder at the social values of those opposite, I am sure that most well motivated would agree that the providers of these services should deliver them in a manner that supports the human rights of those who use them.

Current regulation of the provision of such services is fragmented and based on separate schemes developed in isolation from each other more than a decade ago. Some social services, such as family violence and homelessness services do not come under a legislated regulatory framework at all, instead relying on funding agreements to establish quality and safety benchmarks.

Although the aim of every scheme is to protect people from abuse and harm, taken together they do not reflect the optimum service delivery landscape achievable. Stakeholders have identified gaps, overlaps and duplication, and have reported confusion about regulatory requirements. A growing problem with regulatory gaps and overlaps facing organisations providing multiple services across different sectors has been revealed in recent reforms to social services delivery. We can do better.

The current regulatory arrangements are administered by the human services regulator as a delegate of the secretary and are not supported by a comprehensive range of regulatory tools to enable proportionate responses to the risks of non-compliance. This has resulted in unavoidable harms continuing, due to the regulator having limited, if any, ability to intervene before such harm can occur. The COVID-19 pandemic in particular has exposed shortcomings in Victoria’s social services regulatory regime.

The issues identified as contributing to these regulatory shortcomings include:

gaps in regulatory coverage, as noted above, where family violence and homelessness services are not subject to statutory regulation. Safety oversight of these funded services therefore relies entirely on contractual arrangements.

Duplicated regulatory requirements in an integrated service system—where many providers of social services deliver multiple categories of services. These may be regulated under multiple and differing schemes, creating complexities for organisations seeking to comply. Limited resources duplicated in compliance activities mean wasted effort and public funds.

Risks have not been identified early, due to a lack of intelligence, resulting in early signs of a problem not being identified, in turn permitting service providers to continue to provide unsafe services until a tragic event occurs.

There can be conflict between regulating and funding services, as the Department of Families, Fairness and Housing regulates the service system and is also responsible for ensuring the adequate provision of service providers to meet community needs. The department in some instances is also responsible for regulating services that it funds directly.

The bill intends to protect those using social services, our most vulnerable fellow citizens, keeping them safe from harm, abuse and neglect.

The bill provides initiatives to:

support safe service delivery through the application of a common set of social services standards.

require service providers to understand their role in protecting the human rights of service users.

promote efficiency, so service providers’ roles are clearly delineated and regulated entities face minimal overlap or duplication in their dealings with government.

provide the regulator with contemporary monitoring and enforcement powers, enabling the regulator to respond quickly and effectively to minimise the risk of harm.

improve information sharing between regulators so that non-compliance can be quickly identified and acted on.

These reforms mark a new era, better protection for the vulnerable, a new, empowered regulator with powers to ensure enforcement of clearer responsibilities for licensed service providers—with greater efficiency and duplication of effort addressed.

I commend the bill to the house and wish it a speedy passage.

 Mr CHEESEMAN (South Barwon) (18:28): I would like to move:

That this matter be adjourned.

Motion agreed to and debate adjourned.

Ordered that debate be adjourned until later this day.